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Recently we bought a CMC site in Banashankari. It’s a revenue-converted land and all the papers are clear. We have the Katha, tax paid receipts, encumbrance certificate, sale deed everything. But now, BDA has stopped the construction saying that it is a BDA site allotted to somebody in 1985. But we have all the tax receipts from 1961. What should we do? Please advice. 

- by Archana, R’nagar, Bangalore

If the BDA has allotted the site to somebody during 1985, the title of property vests with the BDA which, later on passes to the allottee on execution of sale deed by BDA in favour of the allottee. BDA might have acquired the land and the seller might have cheated you. Nobody else has any right to sell such property and though you have sale deed, Khatha, tax paid taxes, encumbrance certificates, you do not get proper legally valid title. However, you may show all the papers to an advocate and seek guidance and also verify records at the BDA office.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov¬ered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?